First National Bank of Clinton v. Bright

This is a writ of scire facias against the defendant as the alleged trustee of one John W. Draper. The defendant was defaulted and adjudged a trustee in the original action; but it was competent for him to answer and prove in this suit any matter necessary and proper for his defence. Gen. Sts. c. 142, § 42. Fay v. Sears, 111 Mass. 154.

It appears by his answers that, at the time of the service of the original writ upon him, he was owing a balance upon his promissory note, dated February 6, 1861, payable in one yeai *536from date to the order of Otis Shepard, and secured by a mort gage of real…